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Nafziger v. Blum

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


December 14, 1982

LORI NAFZIGER, INDIVIDUALLY, ON BEHALF OF HER DEPENDENT SON AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLEES,
v.
BARBARA BLUM, INDIVIDUALLY AND IN HER CAPACITY AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES; AND S. JEAN WAGONER, INDIVIDUALLY AND IN HER CAPACITY AS COMMISSIONER OF THE JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, DEFENDANTS-APPELLANTS; ANGELA CURRY, ON BEHALF OF HERSELF AND HER MINOR DEPENDENT CHILD AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLEES, V. BARBARA BLUM, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS COMMISSIONER, NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES; AND MICHAEL NASSAR, INDIVIDUALLY AND IN HIS CAPACITY AS COMMISSIONER, ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, DEFENDANTS-APPELLANTS.

Appeal from an order of the United States District Court for the Northern District of New York (McCurn, J.) declaring invalid and permanently enjoining the New York policy, which treats a legally responsible relative's offer of a home as an available resource to be considered in evaluating a minor caretaker relative's initial and continued eligibility for benefits under the Aid to Families With Dependent Children ("AFDC") program set forth in Title IV of the Social Security Act, 42 U.S.C. ยงยง 601-676 (1976 & Supp. 1981). Affirmed.

Before: PIERCE, WINTER, and PRATT, Circuit Judges.

Per Curiam:

The Memorandum-Decision and Order of the District Court is hereby affirmed, substantially for the reasons given by Judge McCurn in his opinion dated June 2, 1982.

19821214

© 1998 VersusLaw Inc.



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